§ 130b. — Jury and witness service by Senate and House employees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC130b]
TITLE 2--THE CONGRESS
CHAPTER 4--OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF REPRESENTATIVES
Sec. 130b. Jury and witness service by Senate and House
employees
(a) Definitions
For purposes of this section--
(1) ``employee'' means any individual whose pay is disbursed by
the Secretary of the Senate or the Chief Administrative Officer of
the House of Representatives; and
(2) ``court of the United States'' has the meaning given it by
section 451 of title 28 and includes the United States District
Court for the District of the Canal Zone, the District Court of
Guam, and the District Court of the Virgin Islands.
(b) Service as juror or witness in connection with a judicial
proceeding; prohibition against reduction of pay
The pay of an employee shall not be reduced during a period of
absence with respect to which the employee is summoned (and permitted to
respond to such summons by the appropriate authority of the House of the
Congress disbursing his pay), in connection with a judicial proceeding
by a court or authority responsible for the conduct of that proceeding,
to serve--
(1) as a juror; or
(2) other than as provided in subsection (c) of this section, as
a witness on behalf of any party in connection with any judicial
proceeding to which the United States, the District of Columbia, or
a State or local government is a party;
in the District of Columbia, a State, territory, or possession of the
United States including the Commonwealth of Puerto Rico, the Canal Zone,
or the Trust Territory of the Pacific Islands. For purposes of this
subsection, ``judicial proceeding'' means any action, suit, or other
judicial proceeding, including any condemnation, preliminary,
informational, or other proceeding of a judicial nature, but does not
include an administrative proceeding.
(c) Official duty
An employee is performing official duty during the period with
respect to which he is summoned (and is authorized to respond to such
summons by the House of the Congress disbursing his pay), or is assigned
by such House, to--
(1) testify or produce official records on behalf of the United
States or the District of Columbia; or
(2) testify in his official capacity or produce official records
on behalf of a party other than the United States or the District of
Columbia.
(d) Prohibition on receipt of jury or witness fees
(1) An employee may not receive fees for service--
(A) as juror in a court of the United States or the District of
Columbia; or
(B) as a witness on behalf of the United States or the District
of Columbia.
(2) If an employee receives an amount (other than travel expenses)
for service as a juror or witness during a period in which his pay may
not be reduced under subsection (b) of this section, or for which he is
performing official duty under subsection (c) of this section, the
employee shall remit such amount to the officer who disburses the pay of
the employee, which amount shall be covered into the general fund of the
Treasury as miscellaneous receipts.
(e) Travel expenses
(1) An employee summoned (and authorized to respond to such summons
by the House of the Congress disbursing his pay), or assigned by such
House, to testify or produce official records on behalf of the United
States is entitled to travel expenses. If the case involves an activity
in connection with which he is employed, the travel expenses shall be
paid from funds otherwise available for the payment of travel expenses
of such House in accordance with travel regulations of that House. If
the case does not involve such an activity, the department, agency, or
independent establishment of the United States on whose behalf he is so
testifying or producing records shall pay to the employee his travel
expenses out of appropriations otherwise available, and in accordance
with regulation applicable, to that department, agency, or independent
establishment for the payment of travel expenses.
(2) An employee summoned (and permitted to respond to such summons
by the House of the Congress disbursing his pay), or assigned by such
House, to testify in his official capacity or produce official records
on behalf of a party other than the United States, is entitled to travel
expenses, unless any travel expenses are paid to the employee for his
appearance by the court, authority, or party which caused him to be
summoned.
(f) Rules and regulations
The Committee on Rules and Administration of the Senate and the
Committee on House Oversight of the House of Representatives are
authorized to prescribe, for employees of their respective Houses, such
rules and regulations as may be necessary to carry out the provisions of
this section.
(g) Congressional consent not conferred for production of official
records or to testimony concerning activities related to
employment
No provision of this section shall be construed to confer the
consent of either House of the Congress to the production of official
records of that House or to testimony by an employee of that House
concerning activities related to his employment.
(Pub. L. 91-563, Sec. 6, Dec. 19, 1970, 84 Stat. 1478; Pub. L. 94-310,
Sec. 2, June 15, 1976, 90 Stat. 687; Pub. L. 104-186, title II,
Sec. 204(74), (75), Aug. 20, 1996, 110 Stat. 1741.)
References in Text
For definition of Canal Zone, referred to in subsec. (b), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
Amendments
1996--Subsec. (a)(1). Pub. L. 104-186, Sec. 204(74), substituted
``Chief Administrative Officer'' for ``Clerk''.
Subsec. (f). Pub. L. 104-186, Sec. 204(75), substituted ``House
Oversight'' for ``House Administration''.
1976--Subsec. (b)(2). Pub. L. 94-310 substituted ``other than as
provided in subsection (c) of this section, as a witness on behalf of
any party in connection with any judicial proceeding to which the United
States, the District of Columbia, or a State or local government is a
party'' for ``as a witness on behalf of a party other than the United
States, the District of Columbia, or a private party''.
Change of Name
Committee on House Oversight of House of Representatives changed to
Committee on House Administration of House of Representatives by House
Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date of 1976 Amendment
Section 4 of Pub. L. 94-310 provided that: ``The amendments made by
this Act [amending this section and sections 6322 and 8906 of Title 5,
Government Organization and Employees] shall take effect on October 1,
1976, or on the date of the enactment of this Act [June 15, 1976],
whichever date is later.''
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
Termination of United States District Court for the District of the
Canal Zone
For termination of the United States District Court for the District
of the Canal Zone at end of the ``transition period'', being the 30
month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982,
see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and
sections 2101 and 2201 to 2203(a) of Pub. L. 96-70, title II, Sept. 27,
1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to
3843, respectively, of Title 22, Foreign Relations and Intercourse.
